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Kuyunba Conservation Reserve 1 Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 June 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Alice Springs, Northern Territory, Australia
The Kuyunba Conservation Reserve 1 is in the vicinity of Alice Springs and is located within the area of the Alice Springs Town Council. The ILUA area is the Kuyunba Conservation Reserve 1. This land is identified as Northern Territory Portion 935 on Survey Plan OP1363. The area is approximately 346.4 hectares.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: DI2004/03
Subject Matter:Land Planning | Land Management | Land Transaction | Native Title | Recognition of Traditional Rights and Interests | Environmental Heritage
Summary Information:
Kuyunba Conservation Reserve 1 Indigenous Land Use Agreement (ILUA) was made between the Central Land Council, the Northern Territoy of Australia and the Lhere Artepe Aboriginal Corporation to clarify the future title and management of the Kuyunba Conservation Reserve 1.

This ILUA is one of 31 agreements signed over parks and reserves in the Northern Territory. The agreements were developed following the High Court's decision in Western Australia v Ward, which found that the Keep River National Park had not been properly established. In response, the Northern Territory government pursued ILUAs and joint management agreements to resolve tenure disputes and management of the parks. These agreements were negotiated from 2002 to 2005, during which time the Parks and Reserves (Framework for the Future) Act 2003 (NT) was also passed. These arrangements aim to settle all native title issues in Northern Territory national park areas.
Detailed Information:
The Kuyunba Conservation Reserve 1 is listed under Schedule 2 of the Parks and Reserves (Framework for the Future) Act 2003 (NT). This means that the tenure of the ILUA land is changed to 'park freehold title' and is granted to a Park Land Trust (section 9). The land is then leased back to the Northern Territory Government for a minimum period of 99 years. The Act also stipulates the implementation of a joint management agreement.

Under the ILUA, the parties consent to the granting of Park freehold title in accordance with the Act (as above), and the grant of a lease over the Park to the Northern Territory. The Northern Territory Government, the Central Land Council and Lhere Artepe Aboriginal Corporation also agree to the execution of a joint management plan for the Kuyunba Conservation Reserve 1. The parties consent to any action permitted in accordance with the lease and under the Joint Management Plan, regardless of whether these actions are 'future acts'.

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

Related Entries

Agreement
  • Kuyunba Conservation Reserve 2 Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Lhere Artepe Aboriginal Corporation - Signatory
  • Central Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Parks and Reserves (Framework for the Future) Act 2003 (NT)
  • Territory Parks and Wildlife Conservation Act
  • Case Law
  • Western Australia v Ward (2002) 191 ALR 1 (8 August 2002)

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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